IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.4857 of 2018
Arising Out of PS. Case No.-23 Year-2018 Thana- SC/ST District- Katihar
Baleshwar Singh @ Baleshwar Prasad Singh, Son of Late Moghri Singh
Resident of Village – Langra Bagan, P.S.- Sahayak, District – Katihar
… … Appellant/s
The State Of Bihar
… … Respondent/s
For the Appellant/s : Mr.Shashi Shekhar
For the Respondent/s : Smt Usha Kumari No-1
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
Date : 05-02-2019
This is an appeal under Section 14A(2) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989 against the refusal of prayer of anticipatory bail dated
03.11.2018 passed by the learned 1st Addl. District and Sessions
Judge-cum-Special Judge, Katihar in ABP No. 90 of 2018
arising out of SC/ST P.S.Case No. 23 of 2018 registered under
Sections 313, 323, 354, 379, 498A and 504 of the Indian Penal
Code, 3 and 4 of the Dowry Prohibition Act and Sections 3(i)
(s)/3(w)(i) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989.
Allegation against the appellant is that husband of the
complainant sent this appellant to outrage the modesty of the
Submission of learned counsel for the appellant is that
Patna High Court CR. APP (SJ) No.4857 of 2018 dt.05-02-2019
whole allegation is false and concocted and he is not the
husband of the lady.
Heard learned Spl. P.P also.
Having heard both sides and in view of the facts and
circumstances, as stated above, let the appellants, in the event of
arrest or surrender before the court below within a period of six
weeks from the date of receipt/production of a copy of this
order, be released on bail upon furnishing bail bond of Rs.
25,000/- (Rupees twenty five thousand) each with two sureties
of the like amount each to the satisfaction of the learned 1st
Addl. District and Sessions Judge-cum-Special Judge, Katihar
in ABP No. 90 of 2018 arising out of SC/ST P.S.Case No. 23 of
2018; subject to condition as laid down under Section 438(2) of
the Code of Criminal Procedure.
Accordingly, the appeal is allowed and the impugned
order is set aside with respect to him.
(Vinod Kumar Sinha, J)